IN THE COURT OF SESSIONS AT GREATER MUMBAI

MISC. APPLICATION EXHIBIT NO. OF 20___

IN
C.R NO. ____ of 20___
IN
SESSIONS CASE _____ OF 20___

_____________________________ ...Applicant

Versus

The State of Maharashtra

(at the instance of __________ Police station) ...Respondent

INDEX

Sr. No. Particulars Page No.

1. Application

2. Exhibit ‘A’
Copy of the Aadhar Card of the
Applicant.

3. Exhibit ‘B’
Copy of F.I.R. bearing No. 42 of
2019 dated 18.02.2019

4. Exhibit ‘C’
Copy of Panchanama dated
21.02.2019

5. Exhibit ‘D Colly’
Copy of Registration Certificate
Card and relevant document
pertaining to Motorcycle

6. Affidavit in Support

7. Vakalatnama
 IN THE COURT OF SESSIONS AT GREATER MUMBAI

MISC. APPLICATION EXHIBIT NO. OF 20___

IN

C.R NO. ____ of 20___

IN
SESSIONS CASE No. _______ OF 20___
__________________________, )
Age ____ years, residing at _________ )
_________________________________ )
_________________________________. ) ...Applicant

Versus

The State of Maharashtra )

(at the instance of __________ Police station ) ...Respondent

APPLICATION FOR RETURN OF

PROPERTY

MAY IT PLEASE YOUR WORKSHIP: -

1. The Applicant most respectfully submits that he/she is residing

with his/her family at the above-mentioned address in the cause title.

Hereto annexed and marked the copy of Aadhar Card of the Applicant as

Exhibit- ‘A’.

2. The Applicant submits that on ________ F.I.R. bearing No. _____

of 20___ came to be registered for offence u/s _______________________ of

I.P.C, wherein the Applicant was nowhere involved in the offence. Hereto

annexed and marked the copy of F.I.R. bearing C.R No. _____ of 20___

dated ____________ as Exhibit- ‘B’.

3. The Applicant submits that the Respondent seized the motorcycle

belonging to the Applicant under Panchnama dated ____________. Hereto

annexed and marked the copy of Panchnama dated ___________ along

with its valuation as Exhibit- ‘C’.

4. The Applicant submits that he/she is the Lawful-Owner of a

________________________ (Property) which has been seized by the

Respondent i.e. ___________ Police Station on the _____________ and is still

in their custody. Hereto annexed and marked the (Copy of Document

showing the ownership of the property)________________ mentioned

above as Exhibit- ‘D Colly’.

5. The Applicant submits that the investigation is completed and

charge sheet is already filed before this Hon’ble Court and trial will take its

own time and in fact the (Property) _____________ belongs to the Applicant

and therefore the Applicant is filing this Application to return the same

and also with an undertaking that he will produce the same as and when

required before this Hon’ble Court.

6. The Applicant submits that the ___________ (property) seized

under the Panchnama dated ___________ is a _______________ (Property)

belongs to the applicant and same may be returned to the Applicant.

7. The Applicant submits that property is _____________ and

required by Applicant as it is used for daily use and its value will be

depreciated lying in the custody of the Respondent and therefore it will be

safe to return to the Applicant as per the ruling of the Ambalal v/s. State of

Maharashtra reported in 2004.

8. The Applicant submits that the Applicant is ready and willing to

give necessary bonds and undertaking to produce the same before the

Hon’ble Court and as when required by this Hon’ble Court and as such no
harm and prejudice will cause to anyone if the same is returned to the

Applicant.

9. The Applicant submits that the Applicant undertakes to produce

the said (Property) as and when directed by this Hon’ble Court.

10. The Applicant submits that no purpose will be served by keeping

the (Property) in the office of the Respondent.

11. The Applicant submits that the Applicant is making this

application for the return of all articles seized as per the Panchnama dated

____________ which was seized by the Respondent on following grounds

and other amongst as under: -

GROUNDS

a. The Applicant submits that the accused have been arrested and

released on bail and (Property) ____________ was seized by the

Respondent during investigation and no purpose will be served

by keeping the (Property) ____________ in the custody of the

Respondent.

b. The Applicant submits that the investigation is over and

chargesheet is filed before the Hon’ble Court no purpose will

be served by keeping the (Property) ____________ in the

custody of the Respondent and the same be returned to the

Applicant.

c. The Applicant submits that the Applicant is ready to abide by

all terms and conditions imposed by this Court while releasing

the said (Property) ____________.

d. The Applicant submits that the Applicant is ready to produce

the said articles as and when called by the Court.

12. The Applicant submits that the Applicant is ready to abide by all

terms and conditions.

13. The Applicant submits that the Applicant has not filed any other

Application.

14. It is therefore prayed that: -

a. This Hon’ble Court be pleased to direct the Respondent to

return the (Property) ____________ seized under Panchnama

dated ____________ during the investigation, to the Applicant

on any terms and condition as this Hon’ble Court deem fit and

proper.

b. Such other and further relief as this Hon’ble Court deem fit and

proper.

Mumbai )

Dated this ____ day of ___________, 20__ )

Applicant

Advocate for the Applicant

 VERIFICATION

I, ______________________, age ___ years, residing at _____________

__________________________________________________________________

________________, the Applicant abovenamed, do hereby state on solemn

affirmation that whatever stated in foregoing Para is true and correct and I

believe the same to be true.

Solemnly affirmed at Mumbai )

Dated this ___ Day of ___________, 20__ )

Deponent

Identified and explained by me

Before me

Advocate for the Applicant

 IN THE COURT OF SESSIONS AT GREATER MUMBAI
MISC. APPLICATION EXHIBIT NO. OF 20___
IN
C.R NO. ____ of 20___
IN
SESSIONS CASE _____ OF 20___

_____________________________ ...Applicant

Versus

The State of Maharashtra

(at the instance of __________ Police station) ...Respondent

AFFIDAVIT

I, ______________________, the Applicant abovenamed do hereby

state on solemn affirmation as under: -

1. I say that I am fully conversant and aware of the facts of the case.

2. I say that I am the owner of (Property)_______________ seized by the

Respondent i.e ____________ Police Station and I am well aware and

conversant with the facts.

3. I say that the said (property)_____________ was seized in relation to

an offence registered bearing FIR. No. ____ of 20____ u/s

______________ of I.P.C and the remaining section which were added

subsequently filed on _____________ at __________ Police Station,

Mumbai and (Property) _______________ belonging to me has been

seized during investigation which till date is lying in the custody of the

said police station.

4. I say that I have filed Misc. Application for Return Of Property for

(Property) _______________.

5. I say that whatever stated in my application is true and correct and I

do not repeat it for the sake of brevity and I believe the same to be true

to the best of my knowledge and belief.

Solemnly affirmed at Mumbai )

Dated this ____ day of _________, 20___ )

Applicant

Advocate for the Applicant

 IN THE COURT OF SESSIONS AT

GREATER MUMBAI

Misc. Application Exhibit No. __ OF

20___
IN
FIR No. ____ of 20___
IN
Sessions Case No. ____ of 20___

____________________,
...Applicant
Versus

The State of Maharashtra

(at the instance of ______ Police station)

...Respondent

APPLICATION FOR RETURN OF

ARTICLES/ PROPERTY

Dated this ___ day of ___________, 20___

_____________________________
Advocate for the Applicant
________________________________,
________________________________,
________________________________.
Mob: ___________________________.